The Anti-Fake News Ordinance has been effective in bringing down misinformation after it took effect in March, Communications and Multimedia Minister Saifuddin Abdullah said.
He said this is based on a sharp decline in criminal cases related to fake information since the implementation of the Emergency (Essential Powers) (No 2) Ordinance 2021 (EO).
Out of 282 relevant cases related to Covid-19 investigated by the police since March 2020, he said only 29 cases were being probed under the ordinance.
On the fake news cases related to royalty, religion and race, he said 29 cases were charged in court since the movement control order 1.0, where six cases were charged under the Anti-Fake News Ordinance.
Similarly, he said, the Quick Response Team, a unit set up to deal with fake news, only issued 14 statements to rebut fake news this year, as compared with 416 such statements issued between March 24 and December 2020.
"From the aspect of the special ordinance, it is obvious that the ordinance has an important effect. It can reduce the spread of fake news," Saifuddin told a virtual press conference today.
However, Saifuddin noted that the Anti-Fake News Ordinance will no longer be in use after the Emergency Ordinance expires.
This ordinance, he said, if not revoked officially, will exist for another six months during which enforcement action under the ordinance can continue.
"Investigations will continue, be it within the six months or beyond because it is not a standalone ordinance, which operates in a vacuum. It operates using the existing laws, such as the Penal Code, Sedition Act and the Communications and Multimedia Commission Act 1998," he said.
"So, let us not be worried if there are concerns in us being less able to conduct investigations.
"Another factor why there has been a decrease in fake news cases during the past five months when we had the ordinance is perhaps the ordinance has served its purpose mainly to expedite the investigation," Saifuddin added.
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Asked if the government intended to revive the repealed Anti-Fake News Act 2018, he said the cabinet has not discussed the matter.
"I cannot comment on the Act, I can only tell you that the cabinet has not discussed whether we want to bring it again or otherwise," he said.
Saifuddin noted that the police have investigated 743 cases related to royalty, religion and race between 2015 and June 2021, of which 80 cases were prosecuted in courts.
The repealed Anti-Fake News Act bears many similarities to the latest law, including a section targeting funders.
The Emergency (Essential Powers) (No 2) Ordinance, which took effect on March 12, states that perpetrators who spread "fake news" in writing, videos, audio recordings or in any other forms which may convey "words or ideas" will face action.
An ordinance does not need to go through Parliament as it is made using emergency powers. Unlike an ordinary law, it cannot be challenged in court.
The ordinance grants the courts powers to order the removal of a publication if it is determined to be "fake news", failing which the court may order the police or an authorised officer to do so.
The ordinance also overrides the Evidence Act 1950 and gives the police the powers to arrest, enforce, investigate and inspect.
The punishment for a person convicted would be a fine not exceeding RM100,000 or imprisonment for a term not exceeding three years or both and in the case of a continuing offence, a further fine not exceeding RM1,000 for each day the offence continues after conviction. - Mkini
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